Greene v. Warner Music Group Corp

Background

James A. Greene, who is representing himself, brought a lawsuit under the Copyright Act alleging that Warner Music Group Corp., Megan Pete, Anthony White, and 1501 Certified Entertainment, LLC infringed the copyright in his musical composition. The court had previously granted Greene permission to proceed without paying filing fees in advance.

Reason for the Order

Because Greene was permitted to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court explained that federal law requires the court to order Marshals Service assistance for a plaintiff authorized to proceed without prepaying fees. The court also noted that the usual 90-day service period could not begin until the court reviewed the complaint and directed that summonses be issued.

Ruling

The court instructed the Clerk of Court to issue summonses for Warner Music Group Corp., Megan Pete, Anthony White, and 1501 Certified Entertainment, LLC. The Clerk was also instructed to complete a U.S. Marshals Service Process Receipt and Return form for each defendant and deliver the summonses and other necessary documents to the Marshals Service for service.

The court stated that if service is not completed within 90 days after the summonses are issued, Greene should request an extension of time. It also directed Greene to notify the court in writing if his address changes and said the action could be dismissed if he fails to do so. The order did not decide the merits of Greene’s copyright-infringement allegations.